You ask whether commissioned officers of the Texas Department
of Public Safety are eligible for appointment as a judge, clerk,
or watcher of an election under article 3.04 of the Election
Code. Article 3.04 provides, in pertinent part:

Except as otherwise provided herein, no one who holds an
office of profit or trust under . . . this state . . . shall act
as judge, clerk, or watcher of any election, general, special, or
primary. . . .

Courts have held that policemen are public officers. Sawyer v.
City of San Antonio, 234 S.W. 2d 398 (Tex. 1950). Along with
deputy sheriffs and constables, they hold offices of trust or
profit. Attorney General Opinion
H-1027 (1977). Article 2.12
of the Code of Criminal Procedure provides that rangers and
officers commissioned by the Department of Public Safety are
peace officers. Accordingly, we think it is clear that
commissioned officers of the Department of Public Safety hold an
'office of trust or profit' within the meaning of article 3.04 of
the Election Code. They are therefore ineligible to serve as a
judge, clerk, or watcher of a general, special, or primary
election.

You also ask whether employees and officers of the department
may place bumper stickers endorsing political candidates on their
personal automobiles, place campaign signes in their yards, or
wear badges endorsing political candidates while on or off duty.

Article 4413(9), section (2), V.T.C.S., provides that:

No person in the Department shall . . . engage in political
activities or campaign for or against any candidate for any
public office in this State. Any person violating any provision
of this subsection shall forfeit his position with the Depatment.

Attorney General Opinion
MW-149 (1979)
held that section (2) is
constitutional, provided that it is construed 'so as not to
infring upon areas of protected conduct.' See also Attorney
General Opinion
M-1099 (1972)
(construing similar provision
applicable to Department of Public Welfare). The purpose of
prohibitions like those found in article 4413(9) is to promote
the efficiency and integrity of public service. United States
Civil Service Commission v. National Association of Letter
Carriers, 413 U.S. 548, 555 (1973); United Public Workers v.
Mitchell, 330 U.S. 75 (1947); Gray v. Toledo, 323 F. Supp. 1281
(N.D. Ohio 1971). Attorney General Opinion
MW-149 noted that
article 4413(9) does not necessarily prohibit membership in a
political organization or a group which supports such an
organization, but held that employees may not legally work in a
political candidate's campaign by giving speeches, making
contributions and telephone calls, or engaging in similar
activities.

The display of yard signs and bumper stickers and the wearing
of badges endorsing political candidates may be political
activities within the meaning of section (2), article 4413(9),
but they may also be expressions of personal opinion protected by
the First Amendment. The Supreme Court has not considered
whether a state may constitutionally prohibit its employees from
wearing political buttons or displaying bumper stickers. In
Broadrick v. Oklahoma, 413 U.S. 601 (1973), the court suggested
that a rule banning political buttons or bumper stickers might be
impermissible, but did not reach this issue. 413 U.S. at 617,
622. The employee in question had engaged in fund raising, which
the state could constitutionally prohibit. See also Connealy v.
Walsh, 412 F. Supp. 146 (W.D. Mo. 1976).

The Hatch Act reserves to federal employees the right to vote
and to express opinions on political subjects and candidates. 5
U.S.C. s 7324(b). Federal regulations interpret this provision
as permitting employees to display a political picture, sticker,
badge or button. 5 CFR s 733.111.

In our opinion, section (2) of article 4413(9) should not be
construed as prohibiting an employee from wearing a political
button while off duty, placing a campaign sign in his yard, or
displaying a bumper sticker in his private automobile which is
not used on state business. Broadrick raises a question as to
whether these activities constitute protected conduct. Such
private and passive expressions of political opinion would seem,
moreover, to have only a minimal effect, if any, on the
efficiency and integrity of the public service. Finally, a
prohibition against bumper stickers and yard signs in many cases
would reach political expressions by a state employee's spouse
who owns a community property interest in the house or car. We
will avoid construing article 4413(9) to prohibit conduct which
appears to be protected by the First Amendment. Accordingly,
employees of your agency may legally display partisan political
emblems while off duty.

The wearing of a political button while on duty, and the
display of a bumper sticker on an automobile used on state
business, raise different questions. Courts have found valid
state interests in forbidding this kind of conduct on the job.
In Smith v. United States, 502 F. 2d 512 (5th Cir. 1974), a
psychologist challenged his dismissal from the staff of a
Veterans Administration hospital for wearing a peace button while
treating veterans. The court upheld the firing because display of
the button, although symbolic speech protected by the First
Amendment, resulted in substantial interference with the
employee's duties. In another case, a social worker who
counseled juvenile probationers at their homes and schools was
dismissed for displaying a partisan bumper sticker on the
personal car she drove to these interviews. Connealy v. Walsh,
412 F. Supp. 146 (W.D. Mo. 1976). The court held that this
expression of opinion could be forbidden because it would
interfere with her job effectiveness.

We believe that section (2) of article 4413(9) should be
construed to prohibit the display of political buttons while on
duty and of bumper stickers on cars used in connection with work
when such activities will interfere with the effectiveness of
your employees.

Your last question is whether officers and employees of the
department may serve as officers of local, state or national
conventions. Article 13.34(h) of the Election Code provides
that:

No person shall be ineligible to serve as a delegate to any
county, senatorial distirct, state or national convention of any
political party by reason of his holding any public office.

You advise that the department has interpreted article 13.34(h)
as applying to employees as well as to officers. We believe this
is a reasonable construction. We can think of no reason why the
legislature would have intended to permit public officiers to
participate in conventions as delegates but not allow employees
to do so, and we do not think article 13.34(h) should be
construed in that manner.

A literal construction of article 13.34(h) would also produce
the rather odd result that individuals could serve as delegates
to conventions but not be eligible for any of the offices which
convention delegates hold. Convention officers are chosen from
the body of delegates, and we do not think the legislature
intended to permit individuals to serve as delegates but then
limit them strictly to that role. Accordingly, we conclude that
although article 13.34(h) refers to 'delegates,' that provision
creates an exception to the general prohibition against
participation in political activity set forth in article 4413(9),
V.T.C.S., which should be liberally construed to permit
individuals to perform any functions and be eligible for any
positions which convention delegates typically hold. Thus, the
answer to your question is that officers and employees of the
department may serve as officers of local, state and national
conventions.

SUMMARY

Commissioned officers of the Department of Public Safety are
ineligible to serve as a judge, clerk, or watcher of a general,
special, or primary election under article 3.04 of the Election
Code. Section (2) of article 4413(9), V.T.C.S., does not
prohibit officers and employees of the department from placing
bumper stickers endorsing candidates for political office on
their personal automobiles, placing campaign signs in their
yards, or wearing badges endorsing political candidates while off
duty, but does prohibit them from displaying partisan bumper
stickers or political buttons while on duty when such conduct
would interfere with their effectiveness as public employees.
Officers and employees of the department may serve as officers of
political party conventions.